BILL NUMBER: AB 2491	CHAPTERED  09/30/00

	CHAPTER   1016
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	AMENDED IN SENATE   AUGUST 25, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN SENATE   JUNE 19, 2000
	AMENDED IN ASSEMBLY   MAY 26, 2000
	AMENDED IN ASSEMBLY   APRIL 11, 2000
	AMENDED IN ASSEMBLY   MARCH 27, 2000

INTRODUCED BY   Assembly Member Jackson
   (Principal coauthor: Senator Chesbro)

                        FEBRUARY 24, 2000

   An act to amend Sections 13900, 13901, 13961.1, and 13968.5 of, to
amend and repeal Section 13965 of, to add Section 13965.1 to, and to
add and repeal Chapter 6 (commencing with Section 13974.5) of Part 4
of Division 3 of Title 2 of, the Government Code, to amend Sections
1202.4, 1203.1k, and 1203.3 of the Penal Code, and to amend Section
730.6 of the Welfare and Institutions Code, relating to victims of
crime, and making an appropriation therefor.

      (Approved by Governor September 29, 2000.  Filed with
Secretary of State September 30, 2000.)

   I am reducing the appropriation from the Restitution Fund in
Section 13 of Assembly Bill No. 2491 from $2.45 million to $1 million
to the California Victim Compensation and Government Claims Board,
formerly known as the Board of Control, to enter into an interagency
agreement with the University of California, San Francisco, to
establish a victims recovery center at San Francisco General
Hospital.  This will allow for an evaluation of the victims recovery
center prior to the provision of additional resources to fully fund
this four year pilot project.
   I am very supportive of the expansion of benefits to victims of
crime pursuant to the remaining provisions of this bill.  This bill
will provide approximately $9 million of payments to victims on an
annual basis.
                                                 GRAY DAVIS, Governor


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2491, Jackson.  Victims of crimes:  indemnification.
   (1) Existing law establishes the State Board of Control in state
government, with specified members and duties that include, among
other things, the indemnification of victims of crime and payment of
claims against the state.
   This bill would rename the State Board of Control the California
Victim Compensation and Government Claims Board, and would specify
that any reference in statute or regulation to the State Board of
Control shall be construed to refer to the California Victim
Compensation and Government Claims Board.
   (2) Existing law authorizes the board to delegate authority to
designated staff persons and local victim witness centers, to grant
and disburse emergency awards to victims or derivative victims of
crimes who meet specified criteria.
   This bill instead would authorize the board to delegate this
authority to designated staff persons and local agencies, including,
but not limited to, district attorneys, probation departments, and
local victim witness centers.
   (3) Existing law requires that an application for an emergency
award notify the applicant that he or she must either complete a
regular application for assistance within one year of the date of the
crime or certify that he or she does not anticipate claiming
reimbursements in addition to those claimed in the application for an
emergency award.  If an applicant certifies that no expenses will be
claimed beyond those claimed in the emergency award, the board is
required to subsequently verify the emergency award application upon
receipt of information the board may require, including statements
signed by the applicant authorizing release of information to the
board necessary for the verification, and authorizing a lien in favor
of the board against any recovery by the applicant as a result of
any injury to the victim.
   This bill would repeal the option of certification by an applicant
that he or she does not anticipate claiming additional
reimbursements.
   (4) Existing law prescribes criteria for the board to make cash
payments payable from the Restitution Fund, a continuously
appropriated fund, in prescribed amounts to victims or derivative
victims for specified losses or expenses, including loss of wages or
support.
   This bill would recast the criteria for payments relating to loss
of wages and support and would increase the maximum amount of certain
cash payments and of total awards to victims, as specified.  By
providing for increased payments from a continuously appropriated
fund, this bill would make an appropriation.
   (5) Existing law, until January 1, 2004, requires the board to
conduct a pilot program to provide reimbursement for grief, mourning,
and bereavement services provided by a person certified as a child
life specialist, and to report to the Legislature by January 31,
2003, on this pilot program.
   This bill would delete an incorrect code reference and add
references to specified provisions of law that provide bases for
determining whether a child life specialist would be disqualified
from being employed by a school district.
   (6) Existing law requires a court to order restitution in criminal
and juvenile court cases, as specified, in an amount sufficient to
reimburse the victim for economic losses, including lost wages, to
the extent possible.
   This bill would specify that lost wages include commissions and
base wages, and make conforming changes.
   (7) This bill would require until January 1, 2005, the board to
enter into an interagency agreement with the University of
California, San Francisco, upon adoption of a resolution by the
Regents of the University of California, and upon appropriation of
funds for that purpose, to establish a victims of crime recovery
center at the San Francisco General Hospital to demonstrate the
effectiveness of providing comprehensive and integrated services to
victims of crime, subject to conditions set forth by the board.  It
would require the board to report to the Legislature on the
effectiveness of the center no later than May 1, 2004.
   The bill would appropriate $2.45 million from the Restitution Fund
to the board for the implementation of the interagency agreement.
   (8) This bill would incorporate additional changes in Section
1202.4 of the Penal Code proposed by SB 1802, that would become
operative only if SB 1802 and this bill are both enacted and become
effective on or before January 1, 2001, and this bill is enacted
last.
   This bill would also incorporate additional changes in Section
730.6 of the Welfare and Institutions Code proposed by SB 1943, that
would become operative only if SB 1943 and this bill are both enacted
and become effective on or before January 1, 2001, and this bill is
enacted last.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 13900 of the Government Code is amended to
read:
   13900.  (a) As used in this chapter, "board" means the California
Victim Compensation and Government Claims Board.
   (b) Any reference in statute or regulation to the State Board of
Control shall be construed to refer to the California Victim
Compensation and Government Claims Board.
  SEC. 2.  Section 13901 of the Government Code is amended to read:
   13901.  (a) There is in state government the California Victim
Compensation and Government Claims Board.
   (b) The board consists of the Director of General Services and the
Controller, both acting ex officio, and a third member who shall be
appointed by and serve at the pleasure of the Governor.  The third
member may be a state officer who shall act ex officio.
   (c) Any reference in statute or regulation to the State Board of
Control shall be construed to refer to the California Victim
Compensation and Government Claims Board.
  SEC. 3.  Section 13961.1 of the Government Code is amended to read:

   13961.1.  (a) An emergency award shall be available for a victim
or derivative victim if any of the following occur as a result of the
crime:
   (1) The victim incurs loss of income or the derivative victim
incurs loss of support.
   (2) The victim requires emergency medical treatment.
   (3) The victim dies as a result of the crime and any individual,
without anticipation of personal gain, incurs the funeral and burial
expense.
   (4) The victim is an adult victim of domestic violence in need of
those relocation expenses authorized by paragraph (4) of subdivision
(a) of Section 13965.
   (b) Emergency award application forms shall be provided by the
board upon request of the applicant.  The board shall make available
the application forms through all means at its disposal.
   (c) The board may grant an emergency award based solely on the
application of the victim or derivative victim.  Disbursements of
funds for emergency awards shall be made within 30 business days of
application.  The board may refuse to grant an emergency award where
it has reason to believe that the applicant will not qualify for an
award for assistance under this article.  The board may delegate
authority to designated staff persons and local agencies, including,
but not limited to, district attorneys, probation departments, and
local victim witness centers, who will use guidelines established by
the board, to grant and disburse emergency awards.  By mutual
agreement between the staff of the board and the applicant or the
applicant's representative, the staff of the board or the applicant's
representative may take additional 10-day periods to verify the
emergency award claim and make payment.
   (d) An applicant for an emergency award is not entitled to a
hearing before the board to contest a denial of an emergency award.
However, the applicant may submit an application for a regular award
and is entitled to a hearing pursuant to Section 13963 if that
application is recommended for denial.
   (e) The application for an emergency award shall notify the
applicant that he or she must complete the regular application within
one year of the date of the crime.
   (f) If upon final disposition of the regular application, it is
found that the applicant is not eligible for assistance from the
board, the applicant shall reimburse the board for the emergency
award pursuant to an agreed upon repayment schedule.  If upon a final
disposition of the application, the board grants assistance to the
applicant, the amount of the emergency award shall be deducted from
the final award of compensation granted.  If the amount of the grant
is less than the amount of the emergency award, the excess amount
shall be repaid according to an agreed upon repayment schedule.
Final disposition for the purposes of this section shall mean the
final decision of the board with respect to the victim's or
derivative victim's application for assistance, before any appellate
action is instituted.  If an application for an emergency award is
denied, the board shall notify the applicant in writing of the
reasons for the denial.
   (g) The amount of the emergency award shall be dependent upon the
immediate needs of the victim or derivative victim, as evidenced by
the victim's loss of income or the derivative victim's loss of
support, the funeral and burial expenses incurred on behalf of the
victim, and other losses incurred as a direct result of the crime
before filing or reasonably anticipated during the first 90 days
after the initial filing of an application.  Except for applications
filed pursuant to paragraph (3) of subdivision (a), in no event shall
the amount of the emergency award exceed two thousand dollars
($2,000).  Where an application has been filed pursuant to paragraph
(3) of subdivision (a), the amount of the emergency award shall not
exceed five thousand dollars ($5,000).
   (h) The emergency award application shall require only the
following:
   (1) The name, address, and telephone number of the victim or
derivative victim on whose behalf the application is made.
   (2) A brief description of the nature and circumstances of the
crime, including the date and location.
   (3) The date the crime was reported to a law enforcement agency
and the name and address of the agency.
   (4) The name, address, and telephone number of the employer or
self-employing entity, the loss of income or support to date and
estimate of future loss.
   (5) The nature of the injury and the name, address, and telephone
number of medical providers and the cost of medical care incurred to
date.
   (6) The name, address, and telephone number of the funeral and
burial providers and the cost of funeral and burial expenses incurred
to date.
   (7) A statement that in the event the applicant is later found
ineligible for assistance under this article or the final award is
less than the emergency award, the applicant will be required to
repay the excess amount.
   (8) The applicant's signature and a statement that the information
is supplied under penalty of perjury, violation of which is
punishable by six months in the county jail.
   (i) Where an application has been filed pursuant to paragraph (3)
of subdivision (a), the application for the emergency award shall
additionally contain the following:
   (1) A statement that in the event the applicant receives
reimbursement from another source, including, but not limited to,
court-ordered restitution or life insurance, either in whole or in
part for the funeral and burial expenses incurred on behalf of the
victim, that the applicant will be required to repay the board.
   (2) A complete copy of the report regarding the incident and any
supplemental reports involving the crime, public offense, or incident
giving rise to the claim, as prepared by a law enforcement agency
pursuant to subdivision (d) of Section 13968.  This report may, at
the discretion of the law enforcement agency and as provided in
subdivision (e) of Section 13968, exclude the names of witnesses or
informants, if the release of this information would be detrimental
to the parties or to an investigation currently in progress.
  SEC. 4.  Section 13965 of the Government Code, as added by Section
5.7 of Chapter 697 of the Statutes of 1998, is repealed.
  SEC. 5.  Section 13965 of the Government Code, as amended by
Section 1.5 of Chapter 584 of the Statutes of 1999, is amended to
read:
   13965.  (a) If the application for assistance is approved, the
board shall determine what type of state assistance will best aid the
victim or derivative victim.  The board may take any or all of the
following actions:
   (1) Reimburse the following persons for the expense of their
outpatient mental health counseling when that mental health
counseling is necessary as a direct result of the crime:
   (A) A victim in an amount not to exceed ten thousand dollars
($10,000).
   (B) A derivative victim who is the surviving parent, sibling,
child, spouse, or fiance of a victim of a crime which directly
resulted in the death of the victim in an amount not to exceed ten
thousand dollars ($10,000).
   (C) A derivative victim, as defined in subparagraph (A), (B), (C),
or (D) of paragraph (2) of subdivision (a) of Section 13960, who is
the primary caretaker of a minor victim of sexual or physical abuse
whose claim is not denied or reduced pursuant to subdivision (b) or
(d) of Section 13964 in a total amount not to exceed ten thousand
dollars ($10,000) for not more than two derivative victims described
in this subparagraph.
   (D) A derivative victim not eligible for reimbursement pursuant to
subparagraph (B) or (C) in an amount not to exceed three thousand
dollars ($3,000), provided that mental health counseling of a
derivative victim under subparagraph (E) of paragraph (2) of
subdivision (a) of Section 13960 shall be reimbursed only if that
counseling is necessary for the treatment of the victim.
   (E) A victim of a crime committed in violation of subdivision (d)
of Section 261.5 of the Penal Code in an amount not to exceed three
thousand dollars ($3,000) for mental health counseling expenses only.
  A derivative victim of a crime committed in violation of
subdivision (d) of Section 261.5 of the Penal Code shall not be
eligible for reimbursement of mental health counseling expenses.
   The board may authorize a direct cash payment to a provider of
psychological or psychiatric treatment or mental health counseling
services, including peer counseling services provided by a rape
crisis center as defined by Section 13837 of the Penal Code or to
either the victim or the derivative victim, equal to the pecuniary
loss attributable to medical or medical-related expenses, including
counseling, directly resulting from the injury.  Reimbursement on the
initial claim for any psychological, psychiatric, or mental health
counseling services, including peer counseling services provided by a
rape crisis center, shall, if the application has been approved, be
paid by the board within 90 days of the date of receipt of the claim
for payment, with subsequent payments to be made to the provider
within one month of the receipt of a claim for payment.  However, the
board may not authorize without good cause a direct cash payment to
a licensed health care provider or rape crisis center over the
objection of the applicant.
   When a public agency, including a court or district attorney or a
police, county child protective services, or other state or local
governmental agency, refers a victim of crime to a private nonprofit
agency for treatment for that victim, the private nonprofit agency
shall be reimbursed for those services at the level of the normal and
customary fee charged by the private nonprofit agency to clients
with adequate means of payment for its services, except that this
reimbursement shall not exceed the maximum reimbursement rates set by
the board and may be made only to the extent that the victim
otherwise qualifies for services under the victims of crime program
and that other reimbursement or direct subsidies are not available to
serve the victim.
   Payments authorized pursuant to this paragraph for peer counseling
services provided by a rape crisis center shall not exceed fifteen
dollars ($15) for each hour of services provided.  Those services
shall be limited to individual, in-person counseling on a
face-to-face basis for a period not to exceed 10 weeks plus one
series of facilitated support group counseling sessions.
   (2) Authorize a cash payment to the victim or derivative victim
equal to the pecuniary loss resulting from loss of wages pursuant to
Section 13965.1.
   (3) Authorize a cash payment to a derivative victim for loss of
support pursuant to Section 13965.1.
   (4) (A) Authorize a cash payment or reimbursement not to exceed
two thousand dollars ($2,000) to an adult victim of domestic violence
for expenses incurred in relocating, if the expenses are determined
by law enforcement to be necessary for the personal safety of the
victim or by a mental health treatment provider to be necessary for
the emotional well-being of the victim.  These expenses may include,
but need not be limited to, all of the following:
   (i) Deposits for utilities and telephone service.
   (ii) Deposits for rental housing, not to exceed the first and last
month's rent or two thousand dollars ($2,000), whichever is less.
   (iii) Temporary lodging and food expenses, not to exceed one
thousand dollars ($1,000).
   (iv) Clothing and other personal items, not to exceed five hundred
dollars ($500).
   (B) The board shall develop procedures to ensure that the victim
is using the cash payment only for the purposes of this paragraph.
The procedures may include, but need not be limited to, requiring
copies of receipts, lease agreements, or other documents as
requested, or developing a method for direct payment to the landlord
or vendor.
   (C) When a relocation payment or reimbursement is provided to a
victim of domestic violence, the victim shall agree to not inform the
offender of the location of the victim's new residence and to not
allow the offender on the premises at any time, or shall agree to
seek a restraining order against the offender.
   (D) The board may authorize a cash payment or reimbursement
pursuant to this paragraph to victims of crimes other than domestic
violence if the expenses are determined by law enforcement to be
necessary for the personal safety of the victim or by a mental health
treatment provider to be necessary for the emotional well-being of
the victim.
   (E) The cash payment or reimbursement made under this paragraph
shall only be awarded once to any victim, except that the board may,
under compelling circumstances, award a second cash payment or
reimbursement to the same victim if both of the following conditions
are met:
   (i) The crime or series of crimes occurs more than three years
from the date of the crime giving rise to the initial relocation cash
payment or reimbursement.
   (ii) The crime does not involve the same perpetrator.
   (5) Authorize cash payments to or on behalf of the victim for job
retraining or similar employment-oriented rehabilitative services.
   (6) (A) In the case of a victim of a crime that occurred in the
victim's residence, authorize reimbursement for the expense for
installing or increasing residential security, not to exceed one
thousand dollars ($1,000).  Installing or increasing residential
security may include, but need not be limited to, both of the
following:
   (i) Home security device or system.
   (ii) Replacing or increasing the number of locks.
   (B) Reimbursement under this paragraph shall be made upon
verification by law enforcement to be necessary for the personal
safety of the victim or by a mental health treatment provider to be
necessary for the emotional well-being of the victim.
   (C) The board shall develop procedures to ensure that the victim
is using the reimbursement only for the purposes of this paragraph.
The procedures may include, but need not be limited to, requiring
copies of receipts, invoices, estimates, or other documents, or
developing a method for direct payment to the vendor.
   (7) (A) In the case of a victim who is permanently disabled as a
direct result of the crime, whether the disability is partial or
total, authorize a reimbursement for the expense of renovating or
retrofitting his or her residence or vehicle, or both, to make the
residence accessible or the vehicle operational by the victim.
Reimbursement shall be made upon verification that the expense is
medically necessary.  Payment for these purposes shall not exceed
five thousand dollars ($5,000), except that the board may award a
greater amount when justified by the disability of the victim.
   (B) The board shall develop procedures to ensure that
reimbursement is made only for the purposes of this paragraph.  The
procedures may include, but need not be limited to, requiring copies
of receipts, invoices, estimates, or other documents, or developing a
method for direct payment to the vendor.
   (8) Obtain an independent examination and report from any provider
of psychological or psychiatric treatment or mental health
counseling services, if it believes there is a reasonable basis for
requesting an additional evaluation.  In cases where the crime
involves sexual assault, the provider shall have expertise in the
needs of sexual assault victims.  In cases where the crime involves
child abuse or molestation, the provider shall have expertise in the
needs of victims of child abuse or molestation, as appropriate.  When
a reevaluation is obtained, payments shall not be discontinued prior
to completion of the reevaluation.
   (9) When a victim dies as a direct result of a crime, the board
may reimburse any individual who voluntarily, and without
anticipation of personal gain, pays or assumes the obligation to pay,
the medical or burial expenses incurred as a direct result of the
crime for the medical or burial expenses incurred in an amount not to
exceed the rates or limitations established by the board.
   (10) The total award to or on behalf of the victim or a derivative
victim shall not exceed thirty-five thousand dollars ($35,000), and
may be increased only in accordance with this section.
   (11) If the victim requests that the board give priority to
reimbursement of loss of wages, the board shall not pay medical
expenses or mental health counseling expenses except upon the request
of the victim or after determining that payment of these expenses
will not decrease the funds available to the victim for payment of
loss of wages.
   (12) The board may authorize a direct cash payment to a provider
of services that are reimbursable pursuant to this article.  However,
the board may not, without good cause, authorize a direct cash
payment to a provider over the objection of the victim or applicant.

   (b) Assistance granted pursuant to this article shall not
disqualify an otherwise eligible victim or derivative victim from
participation in any other public assistance program.
   (c) Cash payments made pursuant to this article may be on a
one-time or periodic basis.  If periodic, the board may increase,
reduce, or terminate the amount of assistance according to the victim'
s or derivative victim's need, subject to the maximum limits provided
in this section.
   (d) The board shall pay attorney's fees representing the
reasonable value of legal services rendered to the applicant, in an
amount equal to 10 percent of the amount of the award, or five
hundred dollars ($500), whichever is less for each victim and each
derivative victim.  An attorney receiving fees from another source
may waive the right to receive fees under this section.  Payments
under this section shall be in addition to any amount authorized or
ordered under subdivision (d) of Section 13969.1.
   (e) No attorney shall charge, demand, receive, or collect any
amount for services rendered in connection with any proceedings under
this article except as awarded under this article.
   (f) The maximum cash payments authorized in paragraph (7) of
subdivision (a) shall be increased to seventy thousand dollars
($70,000) if federal funds for those increases are available.
   (g) Notwithstanding subdivisions (a) and (f), a victim injured
between January 1, 1985, and December 31, 1985, shall be entitled to
receive a maximum cash payment of forty-six thousand dollars
($46,000) if federal funds for these increases are available, but
only for costs in excess of limitations provided for in subdivision
(a) which are attributable to medical or medical-related expenses,
except for psychological or psychiatric treatment, or mental health
counseling services.
   (h) Notwithstanding any conflicting provision of this chapter, the
board may make additional payments for purposes described in
paragraph (1) of subdivision (a) to any victim who filed an
application with the board on or after December 1, 1982, who was a
victim of a crime involving sexual assault, and who is a minor at the
time the additional payments pursuant to this subdivision are made.
The payments authorized by this subdivision shall not exceed the
limits imposed by subdivisions (a) and (j).
   (i) Reimbursement for any medical or medical-related services
shall, if the victim's application has been approved, be paid by the
board within an average of 90 days from receipt of the claim for
payment.  Payments to a medical or mental health provider under this
subdivision or paragraph (1) of subdivision (a) shall not be
discontinued prior to completion of any reevaluation.  Whether or not
a reevaluation is obtained, if the board determines that payments to
a provider shall be discontinued, the board shall notify the
provider of their discontinuance within 30 days of its determination.

   (j) (1) The board may establish maximum rates and service
limitations for reimbursement of medical and medical-related
expenses, including counseling expenses, for which restitution is
requested pursuant to this section.  For mental health and counseling
services, rates shall not exceed the statewide average.  The
adoption, amendment, and repeal of these maximum rates shall not be
subject to the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1).  An informational copy of the maximum
rates shall be filed with the Secretary of State upon adoption by
the board.  A provider who accepts payment from the program for a
service shall accept the program's rates as payment in full and shall
not accept any payment on account of the service from any other
source if the total of payments accepted would exceed the maximum
rate set by the board for that service.
   (2) To assure service limitations that are uniform and appropriate
to the levels of treatment required by the victim or derivative
victim, the board may review all claims for these services as
necessary to ensure their medical necessity.  The board may further
require additional documentation, information, or medical review of
cases of continuing treatment which are projected to exceed five
thousand dollars ($5,000) to determine the need to continue treatment
in excess of that amount.  The board may accept or reject claims for
the amount in excess of five thousand dollars ($5,000) by applying
the same standards applicable to processing the initial claim or may
approve a continuing treatment regimen for a specific interval or
subject to periodic review as appropriate.  All information requested
of the treating therapist shall be provided at no cost to the
applicant, the board, or to local victim centers, pursuant to
subdivision (b) of Section 13962.  Requests for additional
information shall be made in a timely manner so as not to interfere
with necessary treatment.
   (k) The authority provided by this section shall not be construed
to in any way diminish, enhance, or otherwise affect any authority
that the board may have under current law except as explicitly
provided in this section.
   (l) The board, in its discretion, may make payments directly to
providers prior to verification.
   (m) Notwithstanding paragraph (1) of subdivision (a), the board
may reimburse a victim or derivative victim for mental health
counseling in excess of that authorized by that paragraph if the
claim is based on dire or exceptional circumstances that require more
extensive treatment, as approved by the board.
   (n) Notwithstanding paragraph (1) of subdivision (a), if, as of
December 31, 1993, a person has incurred mental health counseling
expenses pursuant to this article in excess of one-half of the amount
specified in that subdivision, the board may award, in addition to
amounts awarded for previously incurred expenses, an amount equal to
not more than one-half of the applicable maximum amount specified in
that paragraph or any additional amounts as the board determines is
necessary.
   (o) The total award to or on behalf of a victim of a crime
committed in violation of subdivision (d) of Section 261.5 of the
Penal Code shall not exceed three thousand dollars ($3,000) for
mental health counseling expenses only.
   (p) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
  SEC. 6.  Section 13965 of the Government Code, as amended by
Section 2 of Chapter 584 of the Statutes of 1999, is amended to read:

   13965.  (a) If the application for assistance is approved, the
board shall determine what type of state assistance will best aid the
victim or derivative victim.  The board may take any or all of the
following actions:
   (1) Reimburse the following persons for the expense of their
outpatient mental health counseling when that mental health
counseling is necessary as a direct result of the crime:
   (A) A victim in an amount not to exceed ten thousand dollars
($10,000).
   (B) A derivative victim who is the surviving parent, sibling,
child, spouse, or fiance of a victim of a crime which directly
resulted in the death of the victim in an amount not to exceed ten
thousand dollars ($10,000).
   (C) A derivative victim who is the primary caretaker of a minor
victim of sexual or physical abuse whose claim is not denied or
reduced pursuant to subdivision (b) or (d) of Section 13964 in a
total amount not to exceed ten thousand dollars ($10,000) for not
more than two derivative victims described in this subparagraph.
   (D) A derivative victim not eligible for reimbursement pursuant to
subparagraph (B) or (C) in an amount not to exceed three thousand
dollars ($3,000).
   The board may authorize a direct cash payment to a provider of
psychological or psychiatric treatment or mental health counseling
services, including peer counseling services provided by a rape
crisis center as defined by Section 13837 of the Penal Code or to
either the victim or the derivative victim, equal to the pecuniary
loss attributable to medical or medical-related expenses, including
counseling, directly resulting from the injury.  Reimbursement on the
initial claim for any psychological, psychiatric, or mental health
counseling services, including peer counseling services provided by a
rape crisis center, shall, if the application has been approved, be
paid by the board within 90 days of the date of receipt of the claim
for payment, with subsequent payments to be made to the provider
within one month of the receipt of a claim for payment.  However, the
board may not authorize without good cause a direct cash payment to
a licensed health care provider or rape crisis center
                            over the objection of the applicant.
   When a public agency, including a court or district attorney or a
police, county child protective services, or other state or local
governmental agency, refers a victim of crime to a private nonprofit
agency for treatment for that victim, the private nonprofit agency
shall be reimbursed for those services at the level of the normal and
customary fee charged by the private nonprofit agency to clients
with adequate means of payment for its services, except that this
reimbursement shall not exceed the maximum reimbursement rates set by
the board and may be made only to the extent that the victim
otherwise qualifies for services under the victims of crime program
and that other reimbursement or direct subsidies are not available to
serve the victim.
   Payments authorized pursuant to this paragraph for peer counseling
services provided by a rape counseling center shall not exceed
fifteen dollars ($15) for each hour of services provided.  Those
services shall be limited to individual, in-person counseling on a
face-to-face basis for a period not to exceed 10 weeks plus one
series of facilitated support group counseling sessions.
   (2) Authorize a cash payment to the victim or derivative victim
equal to the pecuniary loss resulting from loss of wages pursuant to
Section 13965.1.
   (3) Authorize a cash payment to a derivative victim for loss of
support pursuant to Section 13965.1.
   (4) (A) Authorize a cash payment or reimbursement not to exceed
two thousand dollars ($2,000) to an adult victim of domestic violence
for expenses incurred in relocating, if the expenses are determined
by law enforcement to be necessary for the personal safety of the
victim or by a mental health treatment provider to be necessary for
the emotional well-being of the victim.  These expenses may include,
but need not be limited to, all of the following:
   (i) Deposits for utilities and telephone service.
   (ii) Deposits for rental housing, not to exceed the first and last
month's rent or two thousand dollars ($2,000), whichever is less.
   (iii) Temporary lodging and food expenses, not to exceed one
thousand dollars ($1,000).
   (iv) Clothing and other personal items, not to exceed five hundred
dollars ($500).
   (B) The board shall develop procedures to ensure that the victim
is using the cash payment only for the purposes of this paragraph.
The procedures may include, but need not be limited to, requiring
copies of receipts, lease agreements, or other documents as
requested, or developing a method of direct payment to the landlord
or vendor.
   (C) When a relocation payment or reimbursement is provided to a
victim of domestic violence, the victim shall agree to not inform the
offender of the location of the victim's new residence and to not
allow the offender on the premises at any time, or shall agree to
seek a restraining order against the offender.
   (D) The board may authorize a cash payment or reimbursement
pursuant to this paragraph to victims of crimes other than domestic
violence if the expenses are determined by law enforcement to be
necessary for the personal safety of the victim or by a mental health
treatment provider to be necessary for the emotional well-being of
the victim.
   (E) The cash payment or reimbursement made under this paragraph
shall only be awarded once to any victim, except that the board may,
under compelling circumstances, award a second cash payment or
reimbursement to the same victim if both of the following conditions
are met:
   (i) The crime or series of crimes occurs more than three years
from the date of the crime giving rise to the initial relocation cash
payment or reimbursement.
   (ii) The crime does not involve the same perpetrator.
   (5) Authorize cash payments to or on behalf of the victim for job
retraining or similar employment-oriented rehabilitative services.
   (6) (A) In the case of a victim of a crime that occurred in the
victim's residence, authorize reimbursement for the expense for
installing or increasing residential security, not to exceed one
thousand dollars ($1,000).  Installing or increasing residential
security may include, but need not be limited to, both of the
following:
   (i) Home security device or system.
   (ii) Replacing or increasing the number of locks.
   (B) Reimbursement under this paragraph shall be made upon
verification by law enforcement to be necessary for the personal
safety of the victim or by a mental health treatment provider to be
necessary for the emotional well-being of the victim.
   (C) The board shall develop procedures to ensure that the victim
is using the reimbursement only for the purposes of this paragraph.
The procedures may include, but need not be limited to, requiring
copies of receipts, invoices, estimates, or other documents, or
developing a method for direct payment to the vendor.
   (7) (A) In the case of a victim who is permanently disabled as a
direct result of the crime, whether the disability is partial or
total, authorize reimbursement for the expense of renovating or
retrofitting his or her residence or vehicle, or both, to make the
residence accessible or the vehicle operational by the victim.
Reimbursement shall be made upon verification that the expense is
medically necessary.  Payment for these purposes shall not exceed
five thousand dollars ($5,000), except that the board may award a
greater amount when justified by the disability of the victim.
   (B) The board shall develop procedures to ensure that
reimbursement is made only for the purposes of this paragraph.  The
procedures may include, but need not be limited to, requiring copies
of receipts, invoices, estimates, or other documents, or developing a
method for direct payment to the vendor.
   (8) Obtain an independent examination and report from any provider
of psychological or psychiatric treatment or mental health
counseling services, if it believes there is a reasonable basis for
requesting an additional evaluation.  In cases where the crime
involves sexual assault, the provider shall have expertise in the
needs of sexual assault victims.  In cases where the crime involves
child abuse or molestation, the provider shall have expertise in the
needs of victims of child abuse or molestation, as appropriate.  When
a reevaluation is obtained, payments shall not be discontinued prior
to completion of the reevaluation.
   (9) When a victim dies as a direct result of a crime, the board
may reimburse any individual who voluntarily, and without
anticipation of personal gain, pays or assumes the obligation to pay,
the medical or burial expenses incurred as a direct result of the
crime for the medical or burial expenses incurred in an amount not to
exceed the rates or limitations established by the board.
   (10) The total award to or on behalf of the victim or a derivative
victim shall not exceed thirty-five thousand dollars ($35,000), and
may be increased only in accordance with this section.
   (11) If the victim requests that the board give priority to
reimbursement of loss of wages, the board shall not pay medical
expenses or mental health counseling expenses except upon the request
of the victim or after determining that payment of these expenses
will not decrease the funds available to the victim for payment of
loss of wages.
   (12) The board may authorize a direct cash payment to a provider
of services that are reimbursable pursuant to this article.  However,
the board may not, without good cause, authorize a direct cash
payment to a provider over the objection of the victim or applicant.

   (b) Assistance granted pursuant to this article shall not
disqualify an otherwise eligible victim or derivative victim from
participation in any other public assistance program.
   (c) Cash payments made pursuant to this article may be on a
one-time or periodic basis.  If periodic, the board may increase,
reduce, or terminate the amount of assistance according to the victim'
s or derivative victim's need, subject to the maximum limits provided
in this section.
   (d) The board shall pay attorney's fees representing the
reasonable value of legal services rendered to the applicant, in an
amount equal to 10 percent of the amount of the award, or five
hundred dollars ($500), whichever is less for each victim and each
derivative victim.  An attorney receiving fees from another source
may waive the right to receive fees under this section.  Payments
under this section shall be in addition to any amount authorized or
ordered under subdivision (d) of Section 13969.1.
   (e) No attorney shall charge, demand, receive, or collect any
amount for services rendered in connection with any proceedings under
this article except as awarded under this article.
   (f) The maximum cash payments authorized in paragraph (7) of
subdivision (a) shall be increased to seventy thousand dollars
($70,000) if federal funds for those increases are available.
   (g) Notwithstanding subdivisions (a) and (f), a victim injured
between January 1, 1985, and December 31, 1985, shall be entitled to
receive a maximum cash payment of forty-six thousand dollars
($46,000) if federal funds for these increases are available, but
only for costs in excess of limitations provided for in subdivision
(a) which are attributable to medical or medical-related expenses,
except for psychological or psychiatric treatment, or mental health
counseling services.
   (h) Notwithstanding any conflicting provision of this chapter, the
board may make additional payments for purposes described in
paragraph (1) of subdivision (a) to any victim who filed an
application with the board on or after December 1, 1982, who was a
victim of a crime involving sexual assault, and who is a minor at the
time the additional payments pursuant to this subdivision are made.
The payments authorized by this subdivision shall not exceed the
limits imposed by subdivisions (a) and (j).
   (i) Reimbursement for any medical or medical-related services
shall, if the victim's application has been approved, be paid by the
board within an average of 90 days from receipt of the claim for
payment.  Payments to a medical or mental health provider under this
subdivision or paragraph (1) of subdivision (a) shall not be
discontinued prior to completion of any reevaluation.  Whether or not
a reevaluation is obtained, if the board determines that payments to
a provider shall be discontinued, the board shall notify the
provider of their discontinuance within 30 days of its determination.

   (j) (1) The board may establish maximum rates and service
limitations for reimbursement of medical and medical-related
expenses, including counseling expenses, for which restitution is
requested pursuant to this section.  For mental health and counseling
services, rates shall not exceed the statewide average.  The
adoption, amendment, and repeal of these maximum rates shall not be
subject to the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1).  An informational copy of the maximum
rates shall be filed with the Secretary of State upon adoption by
the board.  A provider who accepts payment from the program for a
service shall accept the program's rates as payment in full and shall
not accept any payment on account of the service from any other
source if the total of payments accepted would exceed the maximum
rate set by the board for that service.
   (2) To assure service limitations that are uniform and appropriate
to the levels of treatment required by the victim or derivative
victim, the board may review all claims for these services as
necessary to ensure their medical necessity.  The board may further
require additional documentation, information, or medical review of
cases of continuing treatment which are projected to exceed five
thousand dollars ($5,000) to determine the need to continue treatment
in excess of that amount.  The board may accept or reject claims for
the amount in excess of five thousand dollars ($5,000) by applying
the same standards applicable to processing the initial claim or may
approve a continuing treatment regimen for a specific interval or
subject to periodic review as appropriate.  All information requested
of the treating therapist shall be provided at no cost to the
applicant, the board, or to local victim centers, pursuant to
subdivision (b) of Section 13962.  Requests for additional
information shall be made in a timely manner so as not to interfere
with necessary treatment.
   (k) The authority provided by this section shall not be construed
to in any way diminish, enhance, or otherwise affect any authority
that the board may have under current law except as explicitly
provided in this section.
   (l) The board, in its discretion, may make payments directly to
providers prior to verification.
   (m) Notwithstanding paragraph (1) of subdivision (a), the board
may reimburse a victim or derivative victim for mental health
counseling in excess of that authorized by that paragraph if the
claim is based on dire or exceptional circumstances that require more
extensive treatment, as approved by the board.
   (n) Notwithstanding paragraph (1) of subdivision (a), if, as of
December 31, 1993, a person has incurred mental health counseling
expenses pursuant to this article in excess of one-half of the amount
specified in that subdivision, the board may award, in addition to
amounts awarded for previously incurred expenses, an amount equal to
not more than one-half of the applicable maximum amount specified in
that paragraph or any additional amounts as the board determines is
necessary.
   (o) This section shall become operative on January 1, 2003.
  SEC. 7.  Section 13965.1 is added to the Government Code, to read:

   13965.1.  (a) Pursuant to paragraphs (2) and (3) of subdivision
(a) of Section 13965, the board may take any of the following
actions:
   (1) Authorize a cash payment to the victim equal to the pecuniary
loss resulting from loss of wages directly resulting from the injury,
subject to the following:
   (A) Loss of wages shall not be paid by the board for more than
five years following the crime, unless the victim is disabled as
defined in Section 416(i) of Title 42 of the United States Code as a
direct result of the injury.
   (B) If the board determines, after review of an application for
assistance, including the evaluation of a qualified provider, that
pecuniary loss for which payment may be made under this paragraph is
expected to continue more than six months after the date of approval
of the victim's application for assistance, disbursement shall
commence and continue on a monthly basis for the period of time
pecuniary loss is expected to continue.
   (2) Authorize a cash payment to an adult derivative victim for
loss of wages, subject to the following:
   (A) The derivative victim is the parent or legal guardian of a
victim, who at the time of the crime was under the age of 18 years
and is hospitalized as a direct result of the crime.
   (B) The minor victim's treating physician certifies in writing
that the presence of the victim's parent or legal guardian at the
hospital is necessary for the treatment of the victim.
   (C) Reimbursement for loss of wages under this paragraph shall not
exceed the total value of the wages that would have been earned by
the adult derivative victim during a 30-day period.
   (3) Authorize a cash payment to an adult derivative victim for
loss of wages, subject to the following:
   (A) The derivative victim is the parent or legal guardian of a
victim who at the time of the crime was under the age of 18 years.
   (B) The victim dies as a direct result of the crime.
   (C) The board shall pay for loss of wages under this subdivision
for not more than 30 days from the date of the victim's death.
   (4) Authorize a cash payment to a derivative victim who was
legally dependent on the victim at the time of the crime for the loss
of support incurred by that person as a direct result of the crime,
subject to the following:
   (A) Loss of support shall not be paid by the board for income lost
by an adult for a period of more than five years following the date
of the crime.
   (B) Loss of support shall not be paid by the board on behalf of a
minor for a period beyond the child's attaining the age of 18 years.

   (b) The total amount payable to all derivative victims whose
claims fall under this section as the result of one crime shall not
exceed seventy thousand dollars ($70,000).
   (c) Any change in the law resulting from the addition or amendment
of this section shall be applied prospectively to claims based on
the date of the crime on which the claim for loss of wages or loss of
support is based.
  SEC. 8.  Section 13968.5 of the Government Code is amended to read:

   13968.5.  (a) The board shall conduct a pilot program that
entitles a victim or derivative victim to be reimbursed from the
Restitution Fund for grief, mourning, and bereavement services in
cases of death or severe trauma, except that the services shall not
include mental health services for which a state license is required.
  These services shall be rendered by a person certified as a child
life specialist by the National Child Life Council, who has at least
five years of professional experience in the field of child life, as
defined by the council.  These services shall be performed under the
supervision of a court, hospital, physician and surgeon, licensed
psychotherapist included in Section 1010 of the Evidence Code,
community-based organization, or county.  The board may only include
in the program a certified child life specialist who has been
determined by a current employer in California or a California
licensing entity not to have a criminal history that would prevent
that employment or the issuance of a license.  If neither
determination has occurred, the board shall secure from the
Department of Justice a criminal record to determine whether the
applicant would be disqualified from employment pursuant to Sections
45122.1 and 45123 of the Education Code, and for these purposes the
board may make the determinations required by that section.  The
board may charge a certified child life specialist a fee for the
actual cost of fingerprinting and obtaining the criminal history
information required by this section.  The program shall terminate on
January 1, 2004.  The board shall evaluate the program and,
notwithstanding Section 7550.5, shall report its conclusions and
recommendations to the Legislature by January 31, 2003.  The board
may consider whether child life specialists should be licensed by a
state agency in making its recommendations to the Legislature.
   (b) This section shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2004, deletes or extends
that date.
  SEC. 8.5.  Chapter 6 (commencing with Section 13974.5) is added to
Part 4 of Division 3 of Title 2 of the Government Code, to read:

      CHAPTER 6.  VICTIMS OF CRIME RECOVERY CENTER

   13974.5.  (a) The California Victim Compensation and Government
Claims Board shall enter into an interagency agreement with the
University of California, San Francisco, to establish a victims of
crime recovery center at the San Francisco General Hospital to
demonstrate the effectiveness of providing comprehensive and
integrated services to victims of crime, subject to conditions set
forth by the board.
   (b) This section shall not apply to the University of California
unless the Regents of the University of California, by appropriate
resolution, make this section applicable.
   (c) The board shall report to the Legislature regarding the
effectiveness of the victims of crime recovery center no later than
May 1, 2004.
   (d) This section shall only be implemented to the extent that
funding is appropriated for that purpose.
   13974.7.  This chapter shall remain in effect only until January
1, 2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date.
  SEC. 9.  Section 1202.4 of the Penal Code is amended to read:
   1202.4.  (a) (1) It is the intent of the Legislature that a victim
of crime who incurs any economic loss as a result of the commission
of a crime shall receive restitution directly from any defendant
convicted of that crime.
   (2) Upon a person being convicted of any crime in the State of
California, the court shall order the defendant to pay a fine in the
form of a penalty assessment in accordance with Section 1464.
   (3) The court, in addition to any other penalty provided or
imposed under the law, shall order the defendant to pay both of the
following:
   (A) A restitution fine in accordance with subdivision (b).
   (B) Restitution to the victim or victims, if any, in accordance
with subdivision (f), which shall be enforceable as if the order were
a civil judgment.
   (b) In every case where a person is convicted of a crime, the
court shall impose a separate and additional restitution fine, unless
it finds compelling and extraordinary reasons for not doing so, and
states those reasons on the record.
   (1) The restitution fine shall be set at the discretion of the
court and commensurate with the seriousness of the offense, but shall
not be less than two hundred dollars ($200), and not more than ten
thousand dollars ($10,000), if the person is convicted of a felony,
and shall not be less than one hundred dollars ($100), and not more
than one thousand dollars ($1,000), if the person is convicted of a
misdemeanor.
   (2) In setting a felony restitution fine, the court may determine
the amount of the fine as the product of two hundred dollars ($200)
multiplied by the number of years of imprisonment the defendant is
ordered to serve, multiplied by the number of felony counts of which
the defendant is convicted.
   (c) The court shall impose the restitution fine unless it finds
compelling and extraordinary reasons for not doing so, and states
those reasons on the record.  A defendant's inability to pay shall
not be considered a compelling and extraordinary reason not to impose
a restitution fine.  Inability to pay may be considered only in
increasing the amount of the restitution fine in excess of the
two-hundred-dollar ($200) or one-hundred-dollar ($100) minimum.
   (d) In setting the amount of the fine pursuant to subdivision (b)
in excess of the two-hundred-dollar ($200) or one-hundred-dollar
($100) minimum, the court shall consider any relevant factors
including, but not limited to, the defendant's inability to pay, the
seriousness and gravity of the offense and the circumstances of its
commission, any economic gain derived by the defendant as a result of
the crime, the extent to which any other person suffered any losses
as a result of the crime, and the number of victims involved in the
crime.  Those losses may include pecuniary losses to the victim or
his or her dependents as well as intangible losses, such as
psychological harm caused by the crime.  Consideration of a defendant'
s inability to pay may include his or her future earning capacity.  A
defendant shall bear the burden of demonstrating his or her
inability to pay.  Express findings by the court as to the factors
bearing on the amount of the fine shall not be required.  A separate
hearing for the fine shall not be required.
   (e) The restitution fine shall not be subject to penalty
assessments as provided in Section 1464, and shall be deposited in
the Restitution Fund in the State Treasury.
   (f) In every case in which a victim has suffered economic loss as
a result of the defendant's conduct, the court shall require that the
defendant make restitution to the victim or victims in an amount
established by court order, based on the amount of loss claimed by
the victim or victims or any other showing to the court.  If the
amount of loss cannot be ascertained at the time of sentencing, the
restitution order shall include a provision that the amount shall be
determined at the direction of the court.  The court shall order full
restitution unless it finds compelling and extraordinary reasons for
not doing so, and states them on the record.
   (1) The defendant has the right to a hearing before a judge to
dispute the determination of the amount of restitution.  The court
may modify the amount, on its own motion or on the motion of the
district attorney, the victim or victims, or the defendant.  If a
motion is made for modification of a restitution order, the victim
shall be notified of that motion at least 10 days prior to the
proceeding held to decide the motion.
   (2) Determination of the amount of restitution ordered pursuant to
this subdivision shall not be affected by the indemnification or
subrogation rights of any third party.  Restitution ordered pursuant
to this subdivision shall be ordered to be deposited to the
Restitution Fund to the extent that the victim, as defined in
subdivision (k), has received assistance from the Victims of Crime
Program pursuant to Article 1 (commencing with Section 13959) of
Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code.

   (3) To the extent possible, the restitution order shall be
prepared by the sentencing court, shall identify each victim and each
loss to which it pertains, and shall be of a dollar amount that is
sufficient to fully reimburse the victim or victims for every
determined economic loss incurred as the result of the defendant's
criminal conduct, including, but not limited to, all of the
following:
   (A) Full or partial payment for the value of stolen or damaged
property.  The value of stolen or damaged property shall be the
replacement cost of like property, or the actual cost of repairing
the property when repair is possible.
   (B) Medical expenses.
   (C) Mental health counseling expenses.
   (D) Wages or profits lost due to injury incurred by the victim,
and if the victim is a minor, wages or profits lost by the minor's
parent, parents, guardian, or guardians, while caring for the injured
minor.  Lost wages shall include any commission income as well as
any base wages.  Commission income shall be established by evidence
of commission income during the 12-month period prior to the date of
the crime for which restitution is being ordered, unless good cause
for a shorter time period is shown.
   (E) Wages or profits lost by the victim, and if the victim is a
minor, wages or profits lost by the minor's parent, parents,
guardian, or guardians, due to time spent as a witness or in
assisting the police or prosecution.  Lost wages shall include any
commission income as well as any base
             wages.  Commission income shall be established by
evidence of commission income during the 12-month period prior to the
date of the crime for which restitution is being ordered, unless
good cause for a shorter time period is shown.
   (F) Noneconomic losses, including, but not limited to,
psychological harm, for felony violations of Section 288.
   (G) Interest, at the rate of 10 percent per annum, that accrues as
of the date of sentencing or loss, as determined by the court.
   (H) Actual and reasonable attorney's fees and other costs of
collection accrued by a private entity on behalf of the victim.
   (I) Expenses incurred by an adult victim in relocating away from
the defendant, including, but not limited to, deposits for utilities
and telephone service, deposits for rental housing, temporary lodging
and food expenses, clothing, and personal items.  Expenses incurred
pursuant to this section shall be verified by law enforcement to be
necessary for the personal safety of the victim or by a mental health
treatment provider to be necessary for the emotional well-being of
the victim.
   (J) Expenses to install or increase residential security incurred
related to a crime, as defined in subdivision (c) of Section 667.5,
including, but not limited to, a home security device or system, or
replacing or increasing the number of locks.
   (K) Expenses to retrofit a residence or vehicle, or both, to make
the residence accessible to or the vehicle operational by the victim,
if the victim is permanently disabled, whether the disability is
partial or total, as a direct result of the crime.
   (4) Except as provided in paragraph (5), in any case in which an
order may be entered pursuant to this subdivision, the defendant
shall prepare and file a disclosure identifying all assets, income,
and liabilities in which the defendant held or controlled a present
or future interest as of the date of the defendant's arrest for the
crime for which restitution may be ordered.  This disclosure shall be
available to the victim pursuant to Section 1214, and any use the
court may make of the disclosure shall be subject to the restrictions
of subdivision (g).  The disclosure shall be signed by the defendant
upon a form approved or adopted by the Judicial Council for the
purpose of facilitating the disclosure.  Any defendant who willfully
states as true any material matter that he or she knows to be false
on the disclosure required by this subdivision is guilty of a
misdemeanor, unless this conduct is punishable as perjury or another
provision of law provides for a greater penalty.
   (5) A defendant who fails to file the financial disclosure
required in paragraph (4), but who has filed a financial affidavit or
financial information pursuant to subdivision (c) of Section 987,
shall be deemed to have waived the confidentiality of that affidavit
or financial information as to a victim in whose favor the order of
restitution is entered pursuant to subdivision (f).  The affidavit or
information shall serve in lieu of the financial disclosure required
in paragraph (4), and paragraphs (6), (7), (8), and (9) shall not
apply.
   (6) Except as provided in paragraph (5), the defendant shall file
the disclosure with the clerk of the court no later than the date set
for the defendant's sentencing, unless otherwise directed by the
court.  The disclosure may be inspected or copied as provided by
subdivision (b), (c), or (d) of Section 1203.05.
   (7) In its discretion, the court may relieve the defendant of the
duty under paragraph (6) of filing with the clerk by requiring that
the defendant's disclosure be submitted as an attachment to, and be
available to, those authorized to receive the following:
   (A) Any report submitted pursuant to subparagraph (C) of paragraph
(2) of subdivision (b) of Section 1203 or subdivision (g) of Section
1203.
   (B) Any stipulation submitted pursuant to paragraph (4) of
subdivision (b) of Section 1203.
   (C) Any report by the probation officer, or any information
submitted by the defendant applying for a conditional sentence
pursuant to subdivision (d) of Section 1203.
   (8) The court may consider a defendant's unreasonable failure to
make a complete disclosure pursuant to paragraph (4) as any of the
following:
   (A) A circumstance in aggravation of the crime in imposing a term
under subdivision (b) of Section 1170.
   (B) A factor indicating that the interests of justice would not be
served by admitting the defendant to probation under Section 1203.
   (C) A factor indicating that the interests of justice would not be
served by conditionally sentencing the defendant under Section 1203.

   (D) A factor indicating that the interests of justice would not be
served by imposing less than the maximum fine and sentence fixed by
law for the case.
   (9) A defendant's failure or refusal to make the required
disclosure pursuant to paragraph (4) shall not delay entry of an
order of restitution or pronouncement of sentence.  In appropriate
cases, the court may do any of the following:
   (A) Require the defendant to be examined by the district attorney
pursuant to subdivision (h).
   (B) If sentencing the defendant under Section 1170, provide that
the victim shall receive a copy of the portion of the probation
report filed pursuant to Section 1203.10 concerning the defendant's
employment, occupation, finances, and liabilities.
   (C) If sentencing the defendant under Section 1203, set a date and
place for submission of the disclosure required by paragraph (4) as
a condition of probation or suspended sentence.
   (g) The court shall order full restitution unless it finds
compelling and extraordinary reasons for not doing so, and states
those reasons on the record.  A defendant's inability to pay shall
not be considered a compelling and extraordinary reason not to impose
a restitution order, nor shall inability to pay be a consideration
in determining the amount of a restitution order.
   (h) The district attorney may request an order of examination
pursuant to the procedures specified in Article 2 (commencing with
Section 708.110) of Chapter 6 of Division 2 of Title 9 of Part 2 of
the Code of Civil Procedure, in order to determine the defendant's
financial assets for purposes of collecting on the restitution order.

   (i) A restitution order imposed pursuant to subdivision (f) shall
be enforceable as if the order were a civil judgment.
   (j) The making of a restitution order pursuant to subdivision (f)
shall not affect the right of a victim to recovery from the
Restitution Fund as otherwise provided by law, except to the extent
that restitution is actually collected pursuant to the order.
Restitution collected pursuant to this subdivision shall be credited
to any other judgments for the same losses obtained against the
defendant arising out of the crime for which the defendant was
convicted.
   (k) For purposes of this section, "victim" shall include all of
the following:
   (1) The immediate surviving family of the actual victim.
   (2) Any corporation, business trust, estate, trust, partnership,
association, joint venture, government, governmental subdivision,
agency, or instrumentality, or any other legal or commercial entity
when that entity is a direct victim of a crime.
   (3) "Derivative victims" as defined in Section 13960 of the
Government Code.
   (l) At its discretion, the board of supervisors of any county may
impose a fee to cover the actual administrative cost of collecting
the restitution fine, not to exceed 10 percent of the amount ordered
to be paid, to be added to the restitution fine and included in the
order of the court, the proceeds of which shall be deposited in the
general fund of the county.
   (m) In every case in which the defendant is granted probation, the
court shall make the payment of restitution fines and orders imposed
pursuant to this section a condition of probation.  Any portion of a
restitution order that remains unsatisfied after a defendant is no
longer on probation shall continue to be enforceable by a victim
pursuant to Section 1214 until the obligation is satisfied.
   (n) If the court finds and states on the record compelling and
extraordinary reasons why a restitution fine or full restitution
order should not be required, the court shall order, as a condition
of probation, that the defendant perform specified community service,
unless it finds and states on the record compelling and
extraordinary reasons not to require community service in addition to
the finding that restitution should not be required.  Upon
revocation of probation, the court shall impose restitution pursuant
to this section.
   (o) The provisions of Section 13966.01 of the Government Code
shall apply to restitution imposed pursuant to this section.
   (p) (1) This section shall become operative on January 1, 2000,
except when all of the following apply:
   (A) A majority of judges of a court apply to the Judicial Council
for an extension.
   (B) The judicial application described in paragraph (1) documents
the need for time to adjust restitution procedures and practices, as
well as to facilitate judicial education and training in direct
restitution to victims under subdivision (f).
   (C) The Judicial Council grants the extension upon finding good
cause.
   (2) Upon the grant of an extension pursuant to the application of
a court under this subdivision, the provisions of former Section 1214
shall continue to apply with respect to that court.  The extension
may be for any period of time set by the Judicial Council, but shall
not exceed January 1, 2002, in any case.
  SEC. 9.5.  Section 1202.4 of the Penal Code is amended to read:
   1202.4.  (a) (1) It is the intent of the Legislature that a victim
of crime who incurs any economic loss as a result of the commission
of a crime shall receive restitution directly from any defendant
convicted of that crime.
   (2) Upon a person being convicted of any crime in the State of
California, the court shall order the defendant to pay a fine in the
form of a penalty assessment in accordance with Section 1464.
   (3) The court, in addition to any other penalty provided or
imposed under the law, shall order the defendant to pay both of the
following:
   (A) A restitution fine in accordance with subdivision (b).
   (B) Restitution to the victim or victims, if any, in accordance
with subdivision (f), which shall be enforceable as if the order were
a civil judgment.
   (b) In every case where a person is convicted of a crime, the
court shall impose a separate and additional restitution fine, unless
it finds compelling and extraordinary reasons for not doing so, and
states those reasons on the record.
   (1) The restitution fine shall be set at the discretion of the
court and commensurate with the seriousness of the offense, but shall
not be less than two hundred dollars ($200), and not more than ten
thousand dollars ($10,000), if the person is convicted of a felony,
and shall not be less than one hundred dollars ($100), and not more
than one thousand dollars ($1,000), if the person is convicted of a
misdemeanor.
   (2) In setting a felony restitution fine, the court may determine
the amount of the fine as the product of two hundred dollars ($200)
multiplied by the number of years of imprisonment the defendant is
ordered to serve, multiplied by the number of felony counts of which
the defendant is convicted.
   (c) The court shall impose the restitution fine unless it finds
compelling and extraordinary reasons for not doing so, and states
those reasons on the record.  A defendant's inability to pay shall
not be considered a compelling and extraordinary reason not to impose
a restitution fine.  Inability to pay may be considered only in
increasing the amount of the restitution fine in excess of the
two-hundred-dollar ($200) or one-hundred-dollar ($100) minimum.
   (d) In setting the amount of the fine pursuant to subdivision (b)
in excess of the two-hundred-dollar ($200) or one-hundred-dollar
($100) minimum, the court shall consider any relevant factors
including, but not limited to, the defendant's inability to pay, the
seriousness and gravity of the offense and the circumstances of its
commission, any economic gain derived by the defendant as a result of
the crime, the extent to which any other person suffered any losses
as a result of the crime, and the number of victims involved in the
crime.  Those losses may include pecuniary losses to the victim or
his or her dependents as well as intangible losses, such as
psychological harm caused by the crime.  Consideration of a defendant'
s inability to pay may include his or her future earning capacity.  A
defendant shall bear the burden of demonstrating his or her
inability to pay.  Express findings by the court as to the factors
bearing on the amount of the fine shall not be required.  A separate
hearing for the fine shall not be required.
   (e) The restitution fine shall not be subject to penalty
assessments as provided in Section 1464, and shall be deposited in
the Restitution Fund in the State Treasury.
   (f) In every case in which a victim has suffered economic loss as
a result of the defendant's conduct, the court shall require that the
defendant make restitution to the victim or victims in an amount
established by court order, based on the amount of loss claimed by
the victim or victims or any other showing to the court.  If the
amount of loss cannot be ascertained at the time of sentencing, the
restitution order shall include a provision that the amount shall be
determined at the direction of the court.  The court shall order full
restitution unless it finds compelling and extraordinary reasons for
not doing so, and states them on the record.
   (1) The defendant has the right to a hearing before a judge to
dispute the determination of the amount of restitution.  The court
may modify the amount, on its own motion or on the motion of the
district attorney, the victim or victims, or the defendant.  If a
motion is made for modification of a restitution order, the victim
shall be notified of that motion at least 10 days prior to the
proceeding held to decide the motion.
   (2) Determination of the amount of restitution ordered pursuant to
this subdivision shall not be affected by the indemnification or
subrogation rights of any third party.  Restitution ordered pursuant
to this subdivision shall be ordered to be deposited to the
Restitution Fund to the extent that the victim, as defined in
subdivision (k), has received assistance from the Victims of Crime
Program pursuant to Article 1 (commencing with Section 13959) of
Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code.

   (3) To the extent possible, the restitution order shall be
prepared by the sentencing court, shall identify each victim and each
loss to which it pertains, and shall be of a dollar amount that is
sufficient to fully reimburse the victim or victims for every
determined economic loss incurred as the result of the defendant's
criminal conduct, including, but not limited to, all of the
following:
   (A) Full or partial payment for the value of stolen or damaged
property.  The value of stolen or damaged property shall be the
replacement cost of like property, or the actual cost of repairing
the property when repair is possible.
   (B) Medical expenses.
   (C) Mental health counseling expenses.
   (D) Wages or profits lost due to injury incurred by the victim,
and if the victim is a minor, wages or profits lost by the minor's
parent, parents, guardian, or guardians, while caring for the injured
minor.  Lost wages shall include any commission income as well as
any base wages.  Commission income shall be established by evidence
of commission income during the 12-month period prior to the date of
the crime for which restitution is being ordered, unless good cause
for a shorter time period is shown.
   (E) Wages or profits lost by the victim, and if the victim is a
minor, wages or profits lost by the minor's parent, parents,
guardian, or guardians, due to time spent as a witness or in
assisting the police or prosecution.  Lost wages shall include any
commission income as well as any base wages.  Commission income shall
be established by evidence of commission income during the 12-month
period prior to the date of the crime for which restitution is being
ordered, unless good cause for a shorter time period is shown.
   (F) Noneconomic losses, including, but not limited to,
psychological harm, for felony violations of Section 288.
   (G) Interest, at the rate of 10 percent per annum, that accrues as
of the date of sentencing or loss, as determined by the court.
   (H) Actual and reasonable attorney's fees and other costs of
collection accrued by a private entity on behalf of the victim.
   (I) Expenses incurred by an adult victim in relocating away from
the defendant, including, but not limited to, deposits for utilities
and telephone service, deposits for rental housing, temporary lodging
and food expenses, clothing, and personal items.  Expenses incurred
pursuant to this section shall be verified by law enforcement to be
necessary for the personal safety of the victim or by a mental health
treatment provider to be necessary for the emotional well-being of
the victim.
   (J) Expenses to install or increase residential security incurred
related to a crime, as defined in subdivision (c) of Section 667.5,
including, but not limited to, a home security device or system, or
replacing or increasing the number of locks.
   (K) Expenses to retrofit a residence or vehicle, or both, to make
the residence accessible to or the vehicle operational by the victim,
if the victim is permanently disabled, whether the disability is
partial or total, as a direct result of the crime.
   (4) (A) If, as a result of the defendant's conduct, the
Restitution Fund has provided assistance to or on behalf of a victim
or derivative victim pursuant to Article 1 (commencing with Section
13959) of Chapter 5 of Part 4 of Division 3 of Title 2 of the
Government Code, the amount of assistance provided shall be presumed
to be a direct result of the defendant's criminal conduct and shall
be included in the amount of the restitution ordered.
   (B) The amount of assistance provided by the Restitution Fund
shall be established by copies of bills submitted to the State Board
of Control reflecting the amount paid by the board and whether the
services for which payment was made were for medical or dental
expenses, funeral or burial expenses, mental health counseling, wage
or support losses, or rehabilitation.  Certified copies of these
bills provided by the State Board of Control and redacted to protect
the privacy and safety of the victim or any legal privilege, together
with a statement made under penalty of perjury by the custodian of
records that those bills were submitted to and were paid by the State
Board of Control, shall be sufficient to meet this requirement.
   (C) If the defendant offers evidence to rebut the presumption
established by this paragraph, the court may release additional
information contained in the records of the State Board of Control to
the defendant only after reviewing that information in camera and
finding that the information is necessary for the defendant to
dispute the amount of the restitution order.
   (5) Except as provided in paragraph (6), in any case in which an
order may be entered pursuant to this subdivision, the defendant
shall prepare and file a disclosure identifying all assets, income,
and liabilities in which the defendant held or controlled a present
or future interest as of the date of the defendant's arrest for the
crime for which restitution may be ordered.  This disclosure shall be
available to the victim pursuant to Section 1214, and any use the
court may make of the disclosure shall be subject to the restrictions
of subdivision (g).  The disclosure shall be signed by the defendant
upon a form approved or adopted by the Judicial Council for the
purpose of facilitating the disclosure.  Any defendant who willfully
states as true any material matter that he or she knows to be false
on the disclosure required by this subdivision is guilty of a
misdemeanor, unless this conduct is punishable as perjury or another
provision of law provides for a greater penalty.
   (6) A defendant who fails to file the financial disclosure
required in paragraph (5), but who has filed a financial affidavit or
financial information pursuant to subdivision (c) of Section 987,
shall be deemed to have waived the confidentiality of that affidavit
or financial information as to a victim in whose favor the order of
restitution is entered pursuant to subdivision (f).  The affidavit or
information shall serve in lieu of the financial disclosure required
in paragraph (5), and paragraphs (7) to (10), inclusive, shall not
apply.
   (7) Except as provided in paragraph (6), the defendant shall file
the disclosure with the clerk of the court no later than the date set
for the defendant's sentencing, unless otherwise directed by the
court.  The disclosure may be inspected or copied as provided by
subdivision (b), (c), or (d) of Section 1203.05.
   (8)  In its discretion, the court may relieve the defendant of the
duty under paragraph (7) of filing with the clerk by requiring that
the defendant's disclosure be submitted as an attachment to, and be
available to, those authorized to receive the following:
   (A) Any report submitted pursuant to subparagraph (C) of paragraph
(2) of subdivision (b) of Section 1203 or subdivision (g) of Section
1203.
   (B) Any stipulation submitted pursuant to paragraph (4) of
subdivision (b) of Section 1203.
   (C) Any report by the probation officer, or any information
submitted by the defendant applying for a conditional sentence
pursuant to subdivision (d) of Section 1203.
   (9) The court may consider a defendant's unreasonable failure to
make a complete disclosure pursuant to paragraph (5) as any of the
following:
   (A) A circumstance in aggravation of the crime in imposing a term
under subdivision (b) of Section 1170.
   (B) A factor indicating that the interests of justice would not be
served by admitting the defendant to probation under Section 1203.
   (C) A factor indicating that the interests of justice would not be
served by conditionally sentencing the defendant under Section 1203.

   (D) A factor indicating that the interests of justice would not be
served by imposing less than the maximum fine and sentence fixed by
law for the case.
   (10)  A defendant's failure or refusal to make the required
disclosure pursuant to paragraph (5) shall not delay entry of an
order of restitution or pronouncement of sentence.  In appropriate
cases, the court may do any of the following:
   (A) Require the defendant to be examined by the district attorney
pursuant to subdivision (h).
   (B) If sentencing the defendant under Section 1170, provide that
the victim shall receive a copy of the portion of the probation
report filed pursuant to Section 1203.10 concerning the defendant's
employment, occupation, finances, and liabilities.
   (C) If sentencing the defendant under Section 1203, set a date and
place for submission of the disclosure required by paragraph (5) as
a condition of probation or suspended sentence.
   (g) The court shall order full restitution unless it finds
compelling and extraordinary reasons for not doing so, and states
those reasons on the record.  A defendant's inability to pay shall
not be considered a compelling and extraordinary reason not to impose
a restitution order, nor shall inability to pay be a consideration
in determining the amount of a restitution order.
   (h) The district attorney may request an order of examination
pursuant to the procedures specified in Article 2 (commencing with
Section 708.110) of Chapter 6 of Division 2 of Title 9 of Part 2 of
the Code of Civil Procedure, in order to determine the defendant's
financial assets for purposes of collecting on the restitution order.

   (i) A restitution order imposed pursuant to subdivision (f) shall
be enforceable as if the order were a civil judgment.
   (j) The making of a restitution order pursuant to subdivision (f)
shall not affect the right of a victim to recovery from the
Restitution Fund as otherwise provided by law, except to the extent
that restitution is actually collected pursuant to the order.
Restitution collected pursuant to this subdivision shall be credited
to any other judgments for the same losses obtained against the
defendant arising out of the crime for which the defendant was
convicted.
   (k) For purposes of this section, "victim" shall include all of
the following:
   (1) The immediate surviving family of the actual victim.
   (2) Any corporation, business trust, estate, trust, partnership,
association, joint venture, government, governmental subdivision,
agency, or instrumentality, or any other legal or commercial entity
when that entity is a direct victim of a crime.
   (3) "Derivative victims" as defined in Section 13960 of the
Government Code.
   (l) At its discretion, the board of supervisors of any county may
impose a fee to cover the actual administrative cost of collecting
the restitution fine, not to exceed 10 percent of the amount ordered
to be paid, to be added to the restitution fine and included in the
order of the court, the proceeds of which shall be deposited in the
general fund of the county.
   (m) In every case in which the defendant is granted probation, the
court shall make the payment of restitution fines and orders imposed
pursuant to this section a condition of probation.  Any portion of a
restitution order that remains unsatisfied after a defendant is no
longer on probation shall continue to be enforceable by a victim
pursuant to Section 1214 until the obligation is satisfied.
   (n) If the court finds and states on the record compelling and
extraordinary reasons why a restitution fine or full restitution
order should not be required, the court shall order, as a condition
of probation, that the defendant perform specified community service,
unless it finds and states on the record compelling and
extraordinary reasons not to require community service in addition to
the finding that restitution should not be required.  Upon
revocation of probation, the court shall impose restitution pursuant
to this section.
   (o) The provisions of Section 13966.01 of the Government Code
shall apply to restitution imposed pursuant to this section.
   (p) (1) This section shall become operative on January 1, 2000,
except when all of the following apply:
                        (A) A majority of judges of a court apply to
the Judicial Council for an extension.
   (B) The judicial application described in paragraph (1) documents
the need for time to adjust restitution procedures and practices, as
well as to facilitate judicial education and training in direct
restitution to victims under subdivision (f).
   (C) The Judicial Council grants the extension upon finding good
cause.
   (2) Upon the grant of an extension pursuant to the application of
a court under this subdivision, the provisions of former Section 1214
shall continue to apply with respect to that court.  The extension
may be for any period of time set by the Judicial Council, but shall
not exceed January 1, 2002, in any case.
  SEC. 10.  Section 1203.1k of the Penal Code is amended to read:
   1203.1k.  For any order of restitution made under Section 1203.1,
the court may order the specific amount of restitution and the manner
in which restitution shall be made to a victim or the Restitution
Fund, to the extent that the victim has received payment from the
Victims of Crime Program, based on the probation officer's report or
it may, with the consent of the defendant, order the probation
officer to set the amount of restitution and the manner in which
restitution shall be made to a victim or the Restitution Fund, to the
extent that the victim has received payment from the Victims of
Crime Program.  The defendant shall have the right to a hearing
before the judge to dispute the determinations made by the probation
officer in regard to the amount or manner in which restitution is to
be made to the victim or the Restitution Fund, to the extent that the
victim has received payment from the Victims of Crime Program.  If
the court orders restitution to be made to the Restitution Fund, the
court, and not the probation officer, shall determine the amount and
the manner in which restitution is to be made to the Restitution
Fund.
  SEC. 11.  Section 1203.3 of the Penal Code is amended to read:
   1203.3.  (a) The court shall have authority at any time during the
term of probation to revoke, modify, or change its order of
suspension of imposition or execution of sentence.  The court may at
any time when the ends of justice will be subserved thereby, and when
the good conduct and reform of the person so held on probation shall
warrant it, terminate the period of probation, and discharge the
person so held.
   (b) The exercise of the court's authority in subdivision (a) to
revoke, modify, change, or terminate probation is subject to the
following:
   (1) Before any sentence or term or condition of probation is
modified, a hearing shall be held in open court before the judge.
The prosecuting attorney shall be given a two-day written notice and
an opportunity to be heard on the matter.
   (A) If the sentence or term or condition of probation is modified
pursuant to this section, the judge shall state the reasons for that
modification on the record.
   (B) As used in this section, modification of sentence shall
include reducing a felony to a misdemeanor.
   (2) No order shall be made without written notice first given by
the court or the clerk thereof to the proper probation officer of the
intention to revoke, modify, or change its order.
   (3) In all cases, if the court has not seen fit to revoke the
order of probation and impose sentence or pronounce judgment, the
defendant shall at the end of the term of probation or any extension
thereof, be by the court discharged subject to the provisions of
these sections.
   (4) The court may modify the time and manner of the term of
probation for purposes of measuring the timely payment of restitution
obligations or the good conduct and reform of the defendant while on
probation.  The court shall not modify the dollar amount of the
restitution obligations due to the good conduct and reform of the
defendant, absent compelling and extraordinary reasons, nor shall the
court limit the ability of payees to enforce the obligations in the
manner of judgments in civil actions.
   (5) Nothing in this section shall be construed to prohibit the
court from modifying the dollar amount of a restitution order
pursuant to subdivision (f) of Section 1202.4 at any time during the
term of the probation.
   (c) If a probationer is ordered to serve time in jail, and the
probationer escapes while serving that time, the probation is revoked
as a matter of law on the day of the escape.
   (d) If probation is revoked pursuant to subdivision (c), upon
taking the probationer into custody, the probationer shall be
accorded a hearing or hearings consistent with the holding in the
case of People v. Vickers (1972) 8 Cal.3d 451.  The purpose of that
hearing or hearings is not to revoke probation, as the revocation has
occurred as a matter of law in accordance with subdivision (c), but
rather to afford the defendant an opportunity to require the
prosecution to establish that the alleged violation did in fact occur
and to justify the revocation.
   (e) This section does not apply to cases covered by Section
1203.2.
  SEC. 12.  Section 730.6 of the Welfare and Institutions Code is
amended to read:
   730.6.  (a) (1) It is the intent of the Legislature that a victim
of conduct for which a minor is found to be a person described in
Section 602 who incurs any economic loss as a result of the minor's
conduct shall receive restitution directly from that minor.
   (2) Upon a minor being found to be a person described in Section
602, the court shall consider levying a fine in accordance with
Section 730.5.  In addition, the court shall order the minor to pay,
in addition to any other penalty provided or imposed under the law,
both of the following:
   (A) A restitution fine in accordance with subdivision (b).
   (B) Restitution to the victim or victims, if any, in accordance
with subdivision (h).
   (b) In every case where a minor is found to be a person described
in Section 602, the court shall impose a separate and additional
restitution fine.  The restitution fine shall be set at the
discretion of the court and commensurate with the seriousness of the
offense as follows:
   (1) If the minor is found to be a person described in Section 602
by reason of the commission of one or more felony offenses, the
restitution fine shall not be less than one hundred dollars ($100)
and not more than one thousand dollars ($1,000).  A separate hearing
for the fine shall not be required.
   (2) If the minor is found to be a person described in Section 602
by reason of the commission of one or more misdemeanor offenses, the
restitution fine shall not exceed one hundred dollars ($100).  A
separate hearing for the fine shall not be required.
   (c) The restitution fine shall be in addition to any other
disposition or fine imposed and shall be imposed regardless of the
minor's inability to pay.  This fine shall be deposited in the
Restitution Fund, the proceeds of which shall be distributed pursuant
to Section 13967 of the Government Code.
   (d) (1) In setting the amount of the fine pursuant to subparagraph
(A) of paragraph (2) of subdivision (a), the court shall consider
any relevant factors including, but not limited to, the minor's
ability to pay, the seriousness and gravity of the offense and the
circumstances of its commission, any economic gain derived by the
minor as a result of the offense, and the extent to which others
suffered losses as a result of the offense.  The losses may include
pecuniary losses to the victim or his or her dependents as well as
intangible losses such as psychological harm caused by the offense.
   (2) The consideration of a minor's ability to pay may include his
or her future earning capacity.  A minor shall bear the burden of
demonstrating a lack of his or her ability to pay.
   (e) Express findings of the court as to the factors bearing on the
amount of the fine shall not be required.
   (f) Except as provided in subdivision (g), under no circumstances
shall the court fail to impose the separate and additional
restitution fine required by subparagraph (A) of paragraph (2) of
subdivision (a).  This fine shall not be subject to penalty
assessments pursuant to Section 1464 of the Penal Code.
   (g) In a case in which the minor is a person described in Section
602 by reason of having committed a felony offense, if the court
finds that there are compelling and extraordinary reasons, the court
may waive imposition of the restitution fine required by subparagraph
(A) of paragraph (2) of subdivision (a).  When a waiver is granted,
the court shall state on the record all reasons supporting the
waiver.
   (h) Restitution ordered pursuant to subparagraph (B) of paragraph
(2) of subdivision (a) shall be imposed in the amount of the losses,
as determined.  If the amount of loss cannot be ascertained at the
time of sentencing, the restitution order shall include a provision
that the amount shall be determined at the direction of the court at
any time during the term of the commitment or probation.  The court
shall order full restitution unless it finds compelling and
extraordinary reasons for not doing so, and states them on the
record.  A minor's inability to pay shall not be considered a
compelling or extraordinary reason not to impose a restitution order,
nor shall inability to pay be a consideration in determining the
amount of the restitution order.  A restitution order pursuant to
subparagraph (B) of paragraph (2) of subdivision (a), to the extent
possible, shall be of a dollar amount sufficient to fully reimburse
the victim or victims for all determined economic losses incurred as
the result of the minor's conduct for which the minor was found to be
a person described in Section 602, including all of the following:
   (1) Full or partial payment for the value of stolen or damaged
property.  The value of stolen or damaged property shall be the
replacement cost of like property, or the actual cost of repairing
the property when repair is possible.
   (2) Medical expenses.
   (3) Wages or profits lost due to injury incurred by the victim,
and if the victim is a minor, wages or profits lost by the minor's
parent, parents, guardian, or guardians, while caring for the injured
minor.  Lost wages shall include any commission income as well as
any base wages.  Commission income shall be established by evidence
of commission income during the 12-month period prior to the date of
the crime for which restitution is being ordered, unless good cause
for a shorter time period is shown.
   (4) Wages or profits lost by the victim, and if the victim is a
minor, wages or profits lost by the minor's parent, parents,
guardian, or guardians, due to time spent as a witness or in
assisting the police or prosecution.  Lost wages shall include any
commission income as well as any base wages.  Commission income shall
be established by evidence of commission income during the 12-month
period prior to the date of the crime for which restitution is being
ordered, unless good cause for a shorter time period is shown.
   A minor shall have the right to a hearing before a judge to
dispute the determination of the amount of restitution.  The court
may modify the amount on its own motion or on the motion of the
district attorney, the victim or victims, or the minor.  If a motion
is made for modification of a restitution order, the victim shall be
notified of that motion at least 10 days prior to the hearing on the
motion.
   (i) A restitution order imposed pursuant to subparagraph (B) of
paragraph (2) of subdivision (a) shall identify the losses to which
it pertains, and shall be enforceable as a civil judgment pursuant to
subdivision (r).  The making of a restitution order pursuant to this
subdivision shall not affect the right of a victim to recovery from
the Restitution Fund in the manner provided elsewhere, except to the
extent that restitution is actually collected pursuant to the order.
Restitution collected pursuant to this subdivision shall be credited
to any other judgments for the same losses obtained against the
minor or the minor's parent or guardian arising out of the offense
for which the minor was found to be a person described in Section
602.  Restitution imposed shall be ordered to be made to the
Restitution Fund to the extent that the victim, as defined in
subdivision (j), has received assistance from the Victims of Crime
Program pursuant to Article 1 (commencing with Section 13959) of
Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code.

   (j) For purposes of this section, "victim" shall include the
immediate surviving family of the actual victim.
   (k) Nothing in this section shall prevent a court from ordering
restitution to any corporation, business trust, estate, trust,
partnership, association, joint venture, government, governmental
subdivision, agency, or instrumentality, or any other legal or
commercial entity when that entity is a direct victim of an offense.

   (l) Upon a minor being found to be a person described in Section
602, the court shall require as a condition of probation the payment
of restitution fines and orders imposed under this section.  Any
portion of a restitution order that remains unsatisfied after a minor
is no longer on probation shall continue to be enforceable by a
victim pursuant to subdivision (r) until the obligation is satisfied
in full.
   (m) Probation shall not be revoked for failure of a person to make
restitution pursuant to this section as a condition of probation
unless the court determines that the person has willfully failed to
pay or failed to make sufficient bona fide efforts to legally acquire
the resources to pay.
   (n) If the court finds and states on the record compelling and
extraordinary reasons why restitution should not be required as
provided in paragraph (2) of subdivision (a), the court shall order,
as a condition of probation, that the minor perform specified
community service.
   (o) The court may avoid ordering community service as a condition
of probation only if it finds and states on the record compelling and
extraordinary reasons not to order community service in addition to
the finding that restitution pursuant to paragraph (2) of subdivision
(a) should not be required.
   (p) When a minor is committed to the Department of the Youth
Authority, the court shall order restitution to be paid to the victim
or victims, if any.  Payment of restitution to the victim or victims
pursuant to this subdivision shall take priority in time over
payment of any other restitution fine imposed pursuant to this
section.
   (q) At its discretion, the board of supervisors of any county may
impose a fee to cover the actual administrative cost of collecting
the restitution fine, not to exceed 10 percent of the amount ordered
to be paid, to be added to the restitution fine and included in the
order of the court, the proceeds of which shall be deposited in the
general fund of the county.
   (r) If the judgment is for a restitution fine ordered pursuant to
subparagraph (A) of paragraph (2) of subdivision (a), or a
restitution order imposed pursuant to subparagraph (B) of paragraph
(2) of subdivision (a), the judgment may be enforced in the manner
provided in Section 1214 of the Penal Code.
  SEC. 12.5.  Section 730.6 of the Welfare and Institutions Code is
amended to read:
   730.6.  (a) (1) It is the intent of the Legislature that a victim
of conduct for which a minor is found to be a person described in
Section 602 who incurs any economic loss as a result of the minor's
conduct shall receive restitution directly from that minor.
   (2) Upon a minor being found to be a person described in Section
602, the court shall consider levying a fine in accordance with
Section 730.5.  In addition, the court shall order the minor to pay,
in addition to any other penalty provided or imposed under the law,
both of the following:
   (A) A restitution fine in accordance with subdivision (b).
   (B) Restitution to the victim or victims, if any, in accordance
with subdivision (h).
   (b) In every case where a minor is found to be a person described
in Section 602, the court shall impose a separate and additional
restitution fine.  The restitution fine shall be set at the
discretion of the court and commensurate with the seriousness of the
offense as follows:
   (1) If the minor is found to be a person described in Section 602
by reason of the commission of one or more felony offenses, the
restitution fine shall not be less than one hundred dollars ($100)
and not more than one thousand dollars ($1,000).  A separate hearing
for the fine shall not be required.
   (2) If the minor is found to be a person described in Section 602
by reason of the commission of one or more misdemeanor offenses, the
restitution fine shall not exceed one hundred dollars ($100).  A
separate hearing for the fine shall not be required.
   (c) The restitution fine shall be in addition to any other
disposition or fine imposed and shall be imposed regardless of the
minor's inability to pay.  This fine shall be deposited in the
Restitution Fund, the proceeds of which shall be distributed pursuant
to Section 13967 of the Government Code.
   (d) (1) In setting the amount of the fine pursuant to subparagraph
(A) of paragraph (2) of subdivision (a), the court shall consider
any relevant factors including, but not limited to, the minor's
ability to pay, the seriousness and gravity of the offense and the
circumstances of its commission, any economic gain derived by the
minor as a result of the offense, and the extent to which others
suffered losses as a result of the offense.  The losses may include
pecuniary losses to the victim or his or her dependents as well as
intangible losses such as psychological harm caused by the offense.
   (2) The consideration of a minor's ability to pay may include his
or her future earning capacity.  A minor shall bear the burden of
demonstrating a lack of his or her ability to pay.
   (e) Express findings of the court as to the factors bearing on the
amount of the fine shall not be required.
   (f) Except as provided in subdivision (g), under no circumstances
shall the court fail to impose the separate and additional
restitution fine required by subparagraph (A) of paragraph (2) of
subdivision (a).  This fine shall not be subject to penalty
assessments pursuant to Section 1464 of the Penal Code.
   (g) In a case in which the minor is a person described in Section
602 by reason of having committed a felony offense, if the court
finds that there are compelling and extraordinary reasons, the court
may waive imposition of the restitution fine required by subparagraph
(A) of paragraph (2) of subdivision (a).  When a waiver is granted,
the court shall state on the record all reasons supporting the
waiver.
   (h) Restitution ordered pursuant to subparagraph (B) of paragraph
(2) of subdivision (a) shall be imposed in the amount of the losses,
as determined.  If the amount of loss cannot be ascertained at the
time of sentencing, the restitution order shall include a provision
that the amount shall be determined at the direction of the court at
any time during the term of the commitment or probation.  The court
shall order full restitution unless it finds compelling and
extraordinary reasons for not doing so, and states them on the
record.  A minor's inability to pay shall not be considered a
compelling or extraordinary reason not to impose a restitution order,
nor shall inability to pay be a consideration in determining the
amount of the restitution order.  A restitution order pursuant to
subparagraph (B) of paragraph (2) of subdivision (a), to the extent
possible, shall identify each victim, unless the court for good cause
finds that the order should not identify a victim or victims, and
the amount of each victim's loss to which it pertains, and shall be
of a dollar amount sufficient to fully reimburse the victim or
victims for all determined economic losses incurred as the result of
the minor's conduct for which the minor was found to be a person
described in Section 602, including all of the following:
   (1) Full or partial payment for the value of stolen or damaged
property.  The value of stolen or damaged property shall be the
replacement cost of like property, or the actual cost of repairing
the property when repair is possible.
   (2) Medical expenses.
   (3) Wages or profits lost due to injury incurred by the victim,
and if the victim is a minor, wages or profits lost by the minor's
parent, parents, guardian, or guardians, while caring for the injured
minor.  Lost wages shall include any commission income as well as
any base wages.  Commission income shall be established by evidence
of commission income during the 12-month period prior to the date of
the crime for which restitution is being ordered, unless good cause
for a shorter time period is shown.
   (4) Wages or profits lost by the victim, and if the victim is a
minor, wages or profits lost by the minor's parent, parents,
guardian, or guardians, due to time spent as a witness or in
assisting the police or prosecution.  Lost wages shall include any
commission income as well as any base wages.  Commission income shall
be established by evidence of commission income during the 12-month
period prior to the date of the crime for which restitution is being
ordered, unless good cause for a shorter time period is shown.
   A minor shall have the right to a hearing before a judge to
dispute the determination of the amount of restitution.  The court
may modify the amount on its own motion or on the motion of the
district attorney, the victim or victims, or the minor.  If a motion
is made for modification of a restitution order, the victim shall be
notified of that motion at least 10 days prior to the hearing on the
motion.  When the amount of victim restitution is not known at the
time of disposition, the court order shall identify the victim or
victims, unless the court finds for good cause that the order should
not identify a victim or victims, and state that the amount of
restitution for each victim is to be determined.  When feasible, the
court shall also identify on the court order, any cooffenders who are
jointly and severally liable for victim restitution.
   (i) A restitution order imposed pursuant to subparagraph (B) of
paragraph (2) of subdivision (a) shall identify the losses to which
it pertains, and shall be enforceable as a civil judgment pursuant to
subdivision (r).  The making of a restitution order pursuant to this
subdivision shall not affect the right of a victim to recovery from
the Restitution Fund in the manner provided elsewhere, except to the
extent that restitution is actually collected pursuant to the order.
Restitution collected pursuant to this subdivision shall be credited
to any other judgments for the same losses obtained against the
minor or the minor's parent or guardian arising out of the offense
for which the minor was found to be a person described in Section
602.  Restitution imposed shall be ordered to be made to the
Restitution Fund to the extent that the victim, as defined in
subdivision (j), has received assistance Victims of Crime Program
pursuant to Article 1 (commencing with Section 13959) of Chapter 5 of
Part 4 of Division 3 of Title 2 of the Government Code.
   (j) For purposes of this section, "victim" shall include the
immediate surviving family of the actual victim.
   (k) Nothing in this section shall prevent a court from ordering
restitution to any corporation, business trust, estate, trust,
partnership, association, joint venture, government, governmental
subdivision, agency, or instrumentality, or any other legal or
commercial entity when that entity is a direct victim of an offense.

   (l) Upon a minor being found to be a person described in Section
602, the court shall require as a condition of probation the payment
of restitution fines and orders imposed under this section.  Any
portion of a restitution order that remains unsatisfied after a minor
is no longer on probation shall continue to be enforceable by a
victim pursuant to subdivision (r) until the obligation is satisfied
in full.
   (m) Probation shall not be revoked for failure of a person to make
restitution pursuant to this section as a condition of probation
unless the court determines that the person has willfully failed to
pay or failed to make sufficient bona fide efforts to legally acquire
the resources to pay.
   (n) If the court finds and states on the record compelling and
extraordinary reasons why restitution should not be required as
provided in paragraph (2) of subdivision (a), the court shall order,
as a condition of probation, that the minor perform specified
community service.
   (o) The court may avoid ordering community service as a condition
of probation only if it finds and states on the record compelling and
extraordinary reasons not to order community service in addition to
the finding that restitution pursuant to paragraph (2) of subdivision
(a) should not be required.
   (p) When a minor is committed to the Department of the Youth
Authority, the court shall order restitution to be paid to the victim
or victims, if any.  Payment of restitution to the victim or victims
pursuant to this subdivision shall take priority in time over
payment of any other restitution fine imposed pursuant to this
section.
   (q) At its discretion, the board of supervisors of any county may
impose a fee to cover the actual administrative cost of collecting
the restitution fine, not to exceed 10 percent of the amount ordered
to be paid, to be added to the restitution fine and included in the
order of the court, the proceeds of which shall be deposited in the
general fund of the county.
   (r) If the judgment is for a restitution fine ordered pursuant to
subparagraph (A) of paragraph (2) of subdivision (a), or a
restitution order imposed pursuant to subparagraph (B) of paragraph
(2) of subdivision (a), the judgment may be enforced in the manner
provided in Section 1214 of the Penal Code.
  SEC. 13.  The sum of two million four hundred fifty thousand
dollars ($2,450,000) is hereby appropriated from the Restitution Fund
to the California Victim Compensation and Government Claims Board
for implementation of the interagency agreement specified in Section
13974.5 of the Government Code, as added by Section 8.5 of this act,
for the purpose of establishing a victims of crime recovery center at
the San Francisco General Hospital.
  SEC. 14.  Section 9.5 of this bill incorporates amendments to
Section 1202.4 of the Penal Code proposed by both this bill and SB
1802.  It shall only become operative if (1) both bills are enacted
and become effective on
or before January 1, 2001, (2) each bill amends Section 1202.4 of the
Penal Code, and (3) this bill is enacted after SB 1802, in which
case Section 9 of this bill shall not become operative.
  SEC. 15.  Section 12.5 of this bill incorporates amendments to
Section 730.6 of the Welfare and Institutions Code proposed by both
this bill and SB 1943.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2001,
(2) each bill amends Section 730.6 of the Welfare and Institutions
Code, and (3) this bill is enacted after SB 1943, in which case
Section 12 of this bill shall not become operative.
